Actions

Memo

BILL NUMBER:S1678

TITLE OF BILL: An act to amend the environmental conservation law and the general municipal law, in relation to the brownfield opportunity area program

PURPOSE: This bill would recognize the goals of the Brownfield Opportunity Area(BOA) program in the cleanup of brownfields, expand the Department of State's authority to coordinate among government units, and broaden funding opportunities for BOA sites.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 27-1403 of the Environmental Conservation Law (ECL) to recognize the intent of the legislature to encourage the cleanup and redevelopment of brownfields located in BOAs.

Section 2 amends section 27-1413 of the ECL to include BOA as a factor concerning a Track 2 cleanup.

Section 3 amends section 27-1415 of the ECL to include BOA sites in the database system that monitors and tracks all brownfield sites.

Section 5 amends section 27-1420 of the ECL to require the Department of Environmental Conservation (DEC) to determine how many of the sites approved for participation, denied participation, currently participating, and granted certificates of completion are located in BOAs.

Section 6 amends section 27-1423 of the ECL to provide that no costs shall be incurred for the negotiation and oversight of a brownfield site cleanup agreement for sites within a BOA; the full cost incurred in negotiating and overseeing implementation shall be immediately payable upon development of the site.

Section 7 amends section 970-r of the General Municipal Law (GML) to define BOA as a study area accepted by the secretary in connection with a funding award made pursuant to this section or a BOA designated by the secretary pursuant to this section.

Section 8 amends section 970-r of the GML to clarify BOA within activities eligible to receive state assistance for a pre-nomination study.

Section 9 amends section 970-r of the GML to require chat for any unexpended funds appropriated to DEC for financial assistance authorized in this subdivision, the commissioner shall suballocate such funds to the secretary.

Section 10 amends section 970-r of the GML to expand activities eligible to receive financial assistance with respect to BOAs.

Section 11 amends section 970-r of the GML to provide that the secretary shall determine whether a brownfield site is consistent with

a designated BOA and promulgate regulations to establish the process, criteria and timing for making such determinations.

Section 12 amends section 970-r of the GML to empower the secretary to play a stronger coordinating role among government units.

JUSTIFICATION: The area-wide approach of the Brownfield opportunity Areas (BOA) program was conceived as a tool to fight sprawl and achieve environmental justice by addressing entire neighborhoods and the clusters of brownfields within those neighborhoods, including the conditions fueling abandonment and decay. The BOA program responds to the needs of a diverse range of upstate and downstate neighborhoods and there are now over 100 communities, with more than 4,700 brownfield sites covering 50,000 acres, participating in the BOA program.

While New York's Department of state (DOS) administers the BOA program, myriad government agencies have a hand in BOA implantation. The DOS has a long history of working with local government and community partners on a wide range of projects and has had remarkable success getting agencies out of their "silos" to coordinate with others on overarching issues. As an important example, the Department of Environmental Conservation's (DEC) administration of the Brownfield Cleanup Program has important implications for the success of BOAS across the state, though both agencies have been frustrated by a lack of statutory connection between the two programs. By recognizing the goals of the BOA program in the cleanup of brownfields under DEC auspices and by statutorily empowering the DOS to play a stronger coordinating role among government units, this bill will help achieve communities' revitalization goals, even as government agencies at all levels are being asked to do more with less.

Text

STATE OF NEW YORK
________________________________________________________________________
1678
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. GRISANTI -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law and the general
municipal law, in relation to the brownfield opportunity area program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of section 27-1403 of the environ-
mental conservation law, as added by section 1 of part A of chapter 1 of
the laws of 2003, is amended to read as follows:
The legislature hereby finds that there are thousands of abandoned and
likely contaminated properties that threaten the health and vitality of
the communities they burden, and that these sites, known as brownfields,
are also contributing to sprawl development and loss of open space. It
is therefore declared that, to advance the policy of the state of New
York to conserve, improve, and protect its natural resources and envi-
ronment and control water, land, and air pollution in order to enhance
the health, safety, and welfare of the people of the state and their
overall economic and social well being, it is appropriate to adopt this
act to encourage persons to voluntarily remediate brownfield sites for
reuse and redevelopment by establishing within the department a statuto-
ry program to encourage cleanup and redevelopment of brownfield sites.
All remedies shall be fully protective of public health and the environ-
ment including, but not limited to, groundwater according to its classi-
fication pursuant to section 17-0301 of this chapter. A remedial program
that achieves a permanent cleanup of a contaminated site, including the
restoration of groundwater to its classified use, is to be preferred
over a remedial program that does not do so. It is the intent of the
legislature that the provisions of this brownfield cleanup program shall
not be construed as limiting or otherwise affecting any authority
conferred upon the department by any other provision of law. It is also

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04748-01-3

S. 1678 2

the intent of the legislature to encourage the cleanup and redevelopment
of brownfields located in brownfield opportunity areas, as defined in
section nine hundred seventy-r of the general municipal law, and to
encourage such redevelopment to be in conformance with the brownfield
opportunity area nomination and implementation strategies approved
pursuant to such law.
S 2. Paragraph (d) of subdivision 3 of section 27-1413 of the environ-
mental conservation law, as amended by section 6 of part A of chapter
577 of the laws of 2004, is amended and a new paragraph (e) is added to
read as follows:
(d) the economic benefit to the state to be realized by the expe-
ditious remediation of the property[.]; AND
(E) FOR SITES WITHIN A BROWNFIELD OPPORTUNITY AREA AS DEFINED IN
SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW, THE COMPAT-
IBILITY OF THE REMEDY WITH THE BROWNFIELD OPPORTUNITY AREA NOMINATION
AND IMPLEMENTATION STRATEGIES, AS VERIFIED BY THE SITE OWNER.
S 3. Paragraph (d) of subdivision 7 of section 27-1415 of the environ-
mental conservation law, as added by section 1 of part A of chapter 1 of
the laws of 2003, is amended to read as follows:
(d) The commissioner shall create, update, and maintain a database
system for public information purposes and to monitor and track all
brownfield sites subject to this title. Data incorporated into such
system for each site for which information has been collected pursuant
to this title shall include, but shall not be limited to, a site summa-
ry, name of site owner, location, status of site remedial activity,
WHETHER THE SITE IS LOCATED IN A BROWNFIELD OPPORTUNITY AREA AS DEFINED
IN SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW, and, if
one has been created pursuant to title thirty-six of article seventy-one
of this chapter, a copy of the environmental easement, and a contact
number to obtain additional information. Sites shall be added to such
system upon the execution of a brownfield site cleanup agreement pursu-
ant to section 27-1409 of this title. If and when an environmental ease-
ment is modified or extinguished, the copy of the environmental easement
contained in the database shall be updated accordingly. Such database
shall be in such a format that it can be readily searched by affected
local governments and the public for purposes including but not limited
to determining whether an environmental easement has been recorded for a
site pursuant to title thirty-six of article seventy-one of this chap-
ter. The database shall be available electronically. Information from
this database shall be incorporated into the geographic information
system created and maintained by the department pursuant to section
3-0315 of this chapter.
S 4. Paragraph (a) of subdivision 4 of section 27-1417 of the environ-
mental conservation law, as amended by section 8 of part A of chapter
577 of the laws of 2004, is amended to read as follows:
(a) Within the limits of appropriations made available pursuant to
paragraph [j] (J) of subdivision three of section ninety-seven-b of the
state finance law, the commissioner is authorized to provide grants to
any not-for-profit corporation exempt from taxation under section
501(c)(3) of the internal revenue code at any site WHICH MAY BE AFFECTED
BY A BROWNFIELD SITE REMEDIAL PROGRAM AND IS determined BY THE DEPART-
MENT EITHER to pose a significant threat [by the department and which
may be affected by a brownfield site remedial program] OR TO BE LOCATED
IN A BROWNFIELD OPPORTUNITY AREA AS DEFINED IN SECTION NINE HUNDRED
SEVENTY-R OF THE GENERAL MUNICIPAL LAW. To qualify to receive such
assistance, a community group must demonstrate that its membership

S. 1678 3

represents the interests of the community affected by such site.
Furthermore, the commissioner is authorized to direct any applicant who
is a responsible party, as defined in section 27-1313 of this article,
to provide such grants. Such grants shall be known as technical assist-
ance grants and may be used to obtain technical assistance in interpret-
ing information with regard to the nature of the hazard posed by contam-
ination located AT or emanating from a brownfield site or sites and the
development and implementation of a brownfield site remedial program or
programs. Such grants may also be used to hire health and safety experts
to advise affected residents on any health assessments and for the
education of interested affected community members to enable them to
more effectively participate in the remedy selection process. Grants
awarded under this section may not be used for the purposes of collect-
ing field sampling data, political activity or lobbying legislative
bodies.
S 5. Paragraphs e and f of subdivision 1 of section 27-1420 of the
environmental conservation law, as added by chapter 390 of the laws of
2008, are amended to read as follows:
e. the total number of certificates of completion issued; [and]
f. HOW MANY OF THE SITES APPROVED FOR PARTICIPATION, DENIED PARTIC-
IPATION, CURRENTLY PARTICIPATING, AND GRANTED CERTIFICATES OF COMPLETION
ARE LOCATED IN BROWNFIELD OPPORTUNITY AREAS AS DEFINED IN SECTION NINE
HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW; AND
G. such other information as the commissioner may determine is rele-
vant to the status of the administration of the program.
S 6. Subdivision 1 of section 27-1423 of the environmental conserva-
tion law, as amended by section 11 of part A of chapter 577 of the laws
of 2004, is amended and a new subdivision 3 is added to read as follows:
1. Pursuant to timetables contained in the brownfield site cleanup
agreement, AND EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS
SECTION, the volunteer shall pay all state costs incurred in negotiating
and overseeing implementation of such agreement, provided, however, as
set forth in a brownfield site cleanup agreement pursuant to this title,
that such costs may be based upon a reasonable flat-fee for oversight,
which shall reflect the projected future state costs to be incurred in
negotiating and overseeing implementation of such agreement. In addi-
tion, a participant shall pay all costs incurred by the state up to the
effective date of such agreement.
3. NO COSTS SHALL BE INCURRED UNDER THIS SECTION FOR THE NEGOTIATION
AND OVERSIGHT OF A BROWNFIELD SITE CLEANUP AGREEMENT FOR SITES WITHIN A
BROWNFIELD OPPORTUNITY AREA, PROVIDED THAT THE FUTURE USE OF THE SITE,
AS DESCRIBED AND VERIFIED BY THE SITE OWNER, IS COMPATIBLE WITH THE
BROWNFIELD OPPORTUNITY AREA NOMINATION AND IMPLEMENTATION STRATEGIES,
AND DECLARED AS SUCH BY THE SECRETARY OF STATE. THE FULL COST INCURRED
IN NEGOTIATING AND OVERSEEING IMPLEMENTATION OF THE BROWNFIELD SITE
CLEANUP AGREEMENT SHALL BE IMMEDIATELY PAYABLE UPON DEVELOPMENT OF THE
SITE CONSISTENT WITH THE FUTURE USE AS DESCRIBED AND VERIFIED BY THE
SITE OWNER AND WITH THE BROWNFIELD OPPORTUNITY AREA IMPLEMENTATION STRA-
TEGIES DECLARED AS SUCH BY THE SECRETARY OF STATE.
S 7. Subdivision 1 of section 970-r of the general municipal law is
amended by adding a new paragraph j to read as follows:
J. "BROWNFIELD OPPORTUNITY AREA" SHALL MEAN A STUDY AREA ACCEPTED BY
THE SECRETARY IN CONNECTION WITH A FUNDING AWARD MADE PURSUANT TO THIS
SECTION OR A BROWNFIELD OPPORTUNITY AREA DESIGNATED BY THE SECRETARY
PURSUANT TO THIS SECTION.

S. 1678 4

S 8. Paragraph b of subdivision 2 of section 970-r of the general
municipal law, as added by section 1 of part F of chapter 1 of the laws
of 2003, is amended to read as follows:
b. Activities eligible to receive such assistance shall include, but
are not limited to, the assembly and development of basic information
about:
(1) the borders of the [proposed] brownfield opportunity area;
(2) the number and size of brownfield sites;
(3) current and anticipated uses of the properties in the [proposed]
BROWNFIELD OPPORTUNITY area;
(4) current and anticipated future conditions of groundwater in the
[proposed] BROWNFIELD OPPORTUNITY area;
(5) known data about the environmental conditions of the properties in
the [proposed] BROWNFIELD OPPORTUNITY area;
(6) ownership of the properties in the [proposed] BROWNFIELD OPPORTU-
NITY area; and
(7) preliminary descriptions of possible remediation strategies, reuse
opportunities, necessary infrastructure improvements and other public or
private measures needed to stimulate investment, promote revitalization,
and enhance community health and environmental conditions.
S 9. Subdivision 2 of section 970-r of the general municipal law is
amended by adding a new paragraph h to read as follows:
H. TO THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED TO THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR FINANCIAL ASSISTANCE
AUTHORIZED IN THIS SUBDIVISION, THE COMMISSIONER SHALL SUBALLOCATE SUCH
FUNDS TO THE SECRETARY.
S 10. Subdivision 3 of section 970-r of the general municipal law, as
added by section 1 of part F of chapter 1 of the laws of 2003, para-
graphs a, b, g, h, i, the opening paragraph and subparagraph 6 of para-
graph f as amended by chapter 390 of the laws of 2008, paragraph f as
amended by section 1 of part F of chapter 577 of the laws of 2004, is
amended to read as follows:
3. State assistance for nominations to designate brownfield opportu-
nity areas. a. Within the limits of appropriations therefor, the secre-
tary is authorized to provide, on a competitive basis, financial assist-
ance to municipalities, to community based organizations, to community
boards, or to municipalities and community based organizations acting in
cooperation to prepare a nomination for designation of a brownfield
opportunity area. Such financial assistance shall not exceed ninety
percent of the costs of such nomination for any such area.
b. An application for such financial assistance shall include an indi-
cation of support from owners of brownfield sites in the [proposed]
brownfield opportunity area. All residents and property owners in the
[proposed] brownfield opportunity area shall receive notice OF THE
APPLICATION in such form and manner as the secretary shall prescribe.
c. No application for such financial assistance shall be considered
unless the applicant demonstrates that it has, to the maximum extent
practicable, solicited and considered the views of residents of the
[proposed] brownfield opportunity area, the views of state and local
officials elected to represent such residents and the local organiza-
tions representing such residents.
d. Activities eligible to receive such financial assistance shall
include the identification, preparation, creation, development and
assembly of information and elements to be included in a nomination for
designation of a brownfield opportunity area, including but not limited
to:

S. 1678 5

(1) A PLAN FOR THE REDEVELOPMENT AND REVITALIZATION OF THE BROWNFIELD
OPPORTUNITY AREA, THAT CONTAINS BUT IS NOT LIMITED TO:
(I) the borders of the [proposed] brownfield opportunity area;
[(2)] (II) the location of each known or suspected brownfield site in
the [proposed] brownfield opportunity area;
[(3)] (III) EXISTING DETAILED ASSESSMENTS OF INDIVIDUAL BROWNFIELD
SITES AND, WHERE THE CONSENT OF THE SITE OWNER HAS BEEN OBTAINED, THE
NEED FOR CONDUCTING ON-SITE ASSESSMENTS;
(IV) KNOWN DATA ABOUT THE ENVIRONMENTAL CONDITIONS OF PROPERTIES IN
THE BROWNFIELD OPPORTUNITY AREA;
(V) OWNERSHIP OF THE PROPERTIES IN THE BROWNFIELD OPPORTUNITY AREA;
(VI) THE GOALS AND OBJECTIVES, BOTH SHORT TERM AND LONG TERM, FOR THE
ECONOMIC REVITALIZATION OF THE BROWNFIELD OPPORTUNITY AREA;
(VII) IDENTIFICATION OF THE PUBLICLY CONTROLLED AND DEVELOPABLE LAND
AND BUILDINGS WITHIN THE BROWNFIELD OPPORTUNITY AREA WHICH ARE OR COULD
BE MADE AVAILABLE FOR DEVELOPMENT; AND
(VIII) the identification of strategic sites within the [proposed]
brownfield opportunity area AND THE DEVELOPMENT OF STRATEGIES FOR
IMPROVING THE LIKELIHOOD THAT SUCH STRATEGIC SITES ARE REUSED OR DEVEL-
OPED CONSISTENT WITH THE BROWNFIELD OPPORTUNITY AREA;
[(4)] (2) AN IMPLEMENTATION STRATEGY THAT INCLUDES, BUT IS NOT LIMITED
TO:
(I) the type of potential developments anticipated for sites within
the [proposed] brownfield opportunity area proposed by either the
current or the prospective owners of such sites;
[(5)] (II) local legislative or regulatory action which may be
required to implement a plan for the redevelopment of the [proposed]
brownfield opportunity area;
[(6)] (III) priorities for public and private investment in infras-
tructure, open space, economic development, housing, or community facil-
ities in the [proposed] brownfield opportunity area, INCLUDING THOSE
THAT MAY BE ELIGIBLE FOR PRIORITY OR PREFERENCE IN ACCORDANCE WITH
SUBDIVISION FIVE OF THIS SECTION;
[(7)] (IV) mapping of current and anticipated uses of the properties
and groundwater in the [proposed] brownfield opportunity area;
[(8)] (V) existing detailed assessments of individual brownfield sites
and, where the consent of the site owner has been obtained, the need for
conducting on-site assessments;
[(9)] (VI) known data about the environmental conditions of properties
in the [proposed] brownfield opportunity area;
[(10)] (VII) ownership of the properties in the [proposed] brownfield
opportunity area; AND
[(11)] (VIII) descriptions of possible remediation strategies, brown-
field redevelopment, necessary infrastructure improvements and other
public or private measures needed to stimulate investment, promote revi-
talization, and enhance community health and environmental conditions[;
(12) the goals and objectives, both short term and long term, for the
economic revitalization of the proposed brownfield opportunity area; and
(13) the publicly controlled and other developable lands and buildings
within the proposed brownfield opportunity area which are or could be
made available for residential, industrial and commercial development].
(3) ACTIVITIES TO ADDRESS KNOWN CONTAMINATION:
(I) THE TESTING OF PROPERTIES TO DETERMINE THE NATURE AND EXTENT OF
THE CONTAMINATION (INCLUDING SOIL AND GROUNDWATER);
(II) ENVIRONMENTAL ASSESSMENTS, IN CONFORMANCE WITH APPLICABLE
REQUIREMENTS OF THE COMMISSIONER;

S. 1678 6

(III) THE DEVELOPMENT OF A PROPOSED REMEDIATION STRATEGY TO ADDRESS
ANY IDENTIFIED CONTAMINATION, IN CONFORMANCE WITH APPLICABLE REQUIRE-
MENTS OF THE COMMISSIONER; AND
(IV) ANY OTHER ACTIVITIES RELATING TO ENVIRONMENTAL CONTAMINATION
DEEMED APPROPRIATE BY THE SECRETARY.
e. Funding preferences shall be given to applications for such assist-
ance that relate to areas having one or more of the following character-
istics:
(1) areas for which the application is a partnered application by a
municipality and a community based organization;
(2) areas with concentrations of brownfield sites;
(3) areas for which the application demonstrates support from a muni-
cipality and a community based organization;
(4) areas showing indicators of economic distress including low resi-
dent incomes, high unemployment, high commercial vacancy rates,
depressed property values; and
(5) areas with brownfield sites presenting strategic opportunities to
stimulate economic development, community revitalization or the siting
of public amenities.
f. Each application for such assistance shall be submitted to the
secretary in a format, and containing such information, as prescribed by
the secretary but shall include, at a minimum, the following:
(1) a statement of the rationale or relationship between the proposed
assistance and the criteria set forth in this section for the evaluation
and ranking of assistance applications;
(2) the processes by which local participation in the development of
the application has been sought;
(3) the process to be carried out under the state assistance includ-
ing, but not limited to, the goals of and budget for the effort, the
work plan and timeline for the attainment of these goals, and the
intended process for public participation in the process;
(4) the manner and extent to which public or governmental agencies
with jurisdiction over issues that will be addressed in the data gather-
ing process will be involved in this process;
(5) other planning and development initiatives proposed or in progress
in the [proposed] brownfield opportunity area;
(6) for each community based organization which is an applicant or a
co-applicant, a copy of its determination of tax exempt status issued by
the federal internal revenue service pursuant to section 501 of the
internal revenue code, a description of the relationship between the
community based organization and the area that is the subject of the
application, its financial and institutional accountability, its experi-
ence in conducting and completing planning initiatives and in working
with the local government associated with the [proposed] brownfield
opportunity area; and
(7) the financial commitments the applicant will make to the brown-
field opportunity area for activities including, but not limited to,
marketing of the area for business development, human resource services
for residents and businesses in the brownfield opportunity area, and
services for small and minority and women-owned businesses.
g. The secretary, upon the receipt of an application for such assist-
ance from a community based organization not in cooperation with the
local government having jurisdiction over the [proposed] brownfield
opportunity area, shall request the municipal government to review and
state the municipal government's support or lack of support. The munici-

S. 1678 7

pal government's statement shall be considered a part of the applica-
tion.
h. Prior to making an award for assistance, the secretary shall notify
the temporary president of the senate and speaker of the assembly.
i. Following notification to the applicant that assistance has been
awarded, and prior to disbursement of funds, a contract shall be
executed between the department and the applicant or co-applicants. The
secretary shall establish terms and conditions for such contracts as the
secretary deems appropriate, including provisions to define: applicant's
work scope, work schedule, and deliverables; fiscal reports on budgeted
and actual use of funds expended; and requirements for submission of a
final fiscal report. The contract shall also require the distribution of
work products to the department, and, for community based organizations,
to the applicant's municipality. Applicants shall be required to make
the results publicly available. Such contract shall further include a
provision providing that if any responsible party payments become avail-
able to the applicant, the amount of such payments attributable to
expenses paid by the award shall be paid to the department by the appli-
cant; provided that the applicant may first apply such responsible party
payments toward any actual project costs incurred by the applicant.
J. TO THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED TO THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR FINANCIAL ASSISTANCE
AUTHORIZED IN THIS SUBDIVISION, THE COMMISSIONER SHALL SUBALLOCATE SUCH
FUNDS TO THE SECRETARY.
S 11. Subdivision 4 of section 970-r of the general municipal law, as
amended by chapter 390 of the laws of 2008, is amended to read as
follows:
4. Designation of brownfield opportunity area. A. Upon completion of a
nomination for designation of a brownfield opportunity area, it shall be
forwarded by the applicant to the secretary, who shall determine whether
it is consistent with the provisions of this section. If the secretary
determines that the nomination is consistent with the provisions of this
section, the brownfield opportunity area shall be designated. If the
secretary determines that the nomination is not consistent with the
provisions of this section, the secretary shall make recommendations in
writing to the applicant of the manner and nature in which the nomi-
nation should be amended.
B. THE SECRETARY SHALL MAKE THE DETERMINATION REGARDING WHETHER A
QUALIFIED SITE SUBJECT TO A BROWNFIELD SITE CLEANUP AGREEMENT PURSUANT
TO SECTION 27-1409 OF THE ENVIRONMENTAL CONSERVATION LAW IS CONSISTENT
WITH A DESIGNATED BROWNFIELD OPPORTUNITY AREA. THE SECRETARY SHALL
PROMULGATE REGULATIONS TO ESTABLISH THE PROCESS, CRITERIA AND TIMING FOR
MAKING DETERMINATIONS WHETHER A QUALIFIED SITE IS CONSISTENT WITH A
DESIGNATED BROWNFIELD OPPORTUNITY AREA.
S 12. Subdivision 5 of section 970-r of the general municipal law, as
added by section 1 of part F of chapter 1 of the laws of 2003, is
amended to read as follows:
5. Priority and preference. The designation of a brownfield opportu-
nity area pursuant to this section is intended to serve as a planning
tool. It alone shall not impose any new obligations on any property or
property owner.
A. UPON THE AWARD OF FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION,
THE SECRETARY SHALL NOTIFY THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF
TRANSPORTATION, THE DEPARTMENT OF PARKS, RECREATION AND HISTORIC PRESER-
VATION, AND THE EMPIRE STATE DEVELOPMENT CORPORATION OF SUCH ASSISTANCE,

S. 1678 8

AND INCLUDE IN SUCH NOTIFICATION A DESCRIPTION OF THE BROWNFIELD OPPOR-
TUNITY AREA STUDY AREA AND A REQUEST FOR RELEVANT INFORMATION CONCERN-
ING, WITHOUT LIMITATION, LAND USES, CAPITAL PROJECTS AND PLANS RELATING
TO PROPERTIES OR THE COMMUNITY WITHIN SUCH BROWNFIELD OPPORTUNITY AREA
STUDY AREA, EXISTING PLANS AND PLANNING DOCUMENTS, DEMOGRAPHICS, AND
LOCATION, MAPS AND DESCRIPTION OF EXISTING AND PROPOSED PUBLIC FACILI-
TIES AND INFRASTRUCTURE.
B. UPON THE AWARD OF FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION,
THE SECRETARY SHALL NOTIFY RELEVANT FEDERAL AND LOCAL AGENCIES OF SUCH
ASSISTANCE, AND INCLUDE IN SUCH NOTIFICATION A DESCRIPTION OF THE BROWN-
FIELD OPPORTUNITY AREA STUDY AREA AND A REQUEST FOR RELEVANT INFORMATION
CONCERNING, WITHOUT LIMITATION, LAND USES, CAPITAL PROJECTS AND PLANS
RELATING TO PROPERTIES OR THE COMMUNITY WITHIN SUCH BROWNFIELD OPPORTU-
NITY AREA STUDY AREA, EXISTING PLANS AND PLANNING DOCUMENTS, DEMOGRAPH-
ICS, AND LOCATION, MAPS AND DESCRIPTION OF EXISTING AND PROPOSED PUBLIC
FACILITIES AND INFRASTRUCTURE.
C. WITHIN SIX MONTHS OF AN AWARD OF FINANCIAL ASSISTANCE PURSUANT TO
THIS SECTION, THE SECRETARY SHALL SEEK COOPERATION FROM RELEVANT FEDER-
AL, STATE AND LOCAL AGENCIES IN THE GATHERING OF INFORMATION ABOUT
RESOURCES AND OR PROGRAMS THAT MAY BE RELEVANT TO THE BROWNFIELD OPPOR-
TUNITY AREA STUDY AREA.
D. To the extent authorized by law, projects in brownfield opportunity
areas designated pursuant to this section shall receive a priority and
preference when considered for financial assistance pursuant to articles
fifty-four and fifty-six of the environmental conservation law.
E. To the extent authorized by law, projects in brownfield opportunity
areas designated pursuant to this section may receive a priority and
preference when considered for financial assistance pursuant to any
other state, federal or local law.
F. THE SECRETARY SHALL TAKE SUCH MEASURES AS MAY BE NECESSARY TO
DETERMINE THE AVAILABILITY OF SUCH FINANCIAL AND OTHER ASSISTANCE AND TO
SEEK COOPERATION WITH OTHER STATE, FEDERAL AND LOCAL OFFICIALS IN
PROVIDING A PRIORITY AND PREFERENCE TO APPLICANTS PURSUANT TO THIS
SUBDIVISION.
G. THE SECRETARY SHALL, IN CONSULTATION WITH OTHER STATE AGENCIES,
ISSUE A BROWNFIELD OPPORTUNITY AREA PREFERENCE AND PRIORITY REPORT TO
THE GOVERNOR, LEGISLATURE AND MEMBERS SERVING ON THE NEW YORK BROWN-
FIELDS ADVISORY BOARD PURSUANT TO SECTION 27-1435 OF THE ENVIRONMENTAL
CONSERVATION LAW WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION
AND EACH SUBSEQUENT YEAR THEREAFTER, IDENTIFYING FUNDING PROGRAMS AND
RESOURCES RELEVANT TO AND UTILIZED IN THE IMPLEMENTATION OF BROWNFIELD
OPPORTUNITY AREAS. STATE AGENCIES SHALL PROVIDE INFORMATION ABOUT HOW
THEY HAVE SOUGHT TO ACHIEVE PREFERENCE AND PRIORITY FOR PROJECTS BUILT
CONSISTENT WITH A DESIGNATED BROWNFIELD OPPORTUNITY AREA IN FUNDING
PROGRAMS IDENTIFIED IN THE REPORT, INCLUDING BUT NOT LIMITED TO, MODIFY-
ING PROGRAM ELIGIBILITY AND RANKING CRITERIA TO PROVIDE FOR PREFERENCE
AND PRIORITY FOR PROJECTS BUILT CONSISTENT WITH A DESIGNATED BROWNFIELD
OPPORTUNITY AREA.
H. FOR TEN YEARS FOLLOWING NOTIFICATION OF FINANCIAL ASSISTANCE, MUNI-
CIPALITIES, COMMUNITY BASED ORGANIZATIONS AND COMMUNITY BOARDS AWARDED
FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION SHALL BE REQUIRED TO
SUBMIT AN ANNUAL REPORT TO THE SECRETARY PROJECTING THE FUNDING,
PROGRAMS AND ANY OTHER RESOURCES NEEDED OVER THE UPCOMING FIVE YEARS TO
ADVANCE THEIR BROWNFIELD OPPORTUNITY AREA.
S 13. Subdivision 6 of section 970-r of the general municipal law, as
added by section 1 of part F of chapter 1 of the laws of 2003, paragraph

S. 1678 9

a as amended by chapter 386 of the laws of 2007 and paragraph h as
amended by section 1 of part F of chapter 577 of the laws of 2004, is
amended to read as follows:
6. State assistance for [brownfield site assessments in] IMPLEMENTA-
TION STRATEGIES FOR brownfield opportunity areas. a. Within the limits
of appropriations therefor, the [commissioner, in consultation with the]
secretary [of state,] is authorized to provide, on a competitive basis,
financial assistance to municipalities, to community based organiza-
tions, to community boards, or to municipalities and community based
organizations acting in cooperation to conduct [brownfield site assess-
ments] IMPLEMENTATION STRATEGIES in a brownfield opportunity area
[designated pursuant to this section]. Such financial assistance shall
not exceed ninety percent of the costs of such brownfield [site assess-
ment] OPPORTUNITY AREA IMPLEMENTATION STRATEGIES.
b. [Brownfield sites eligible for such assistance must be owned by a
municipality, or volunteer as such term is defined in section 27-1405 of
the environmental conservation law.
c. Brownfield site assessment] IMPLEMENTATION STRATEGIES activities
eligible for funding include, but are not limited to, (I) testing of
properties to determine the nature and extent of the contamination
(including soil and groundwater), environmental assessments IN CONFORM-
ANCE WITH APPLICABLE REQUIREMENTS OF THE COMMISSIONER, the development
of a proposed remediation strategy to address any identified contam-
ination IN CONFORMANCE WITH APPLICABLE REQUIREMENTS OF THE COMMISSIONER,
and any other activities deemed appropriate by the [commissioner in
consultation with the] secretary [of state]. [Any environmental assess-
ment shall be subject to the review and approval of such commissioner.
d.] BROWNFIELD SITES ELIGIBLE FOR SUCH ASSISTANCE MUST BE OWNED BY A
MUNICIPALITY, OR VOLUNTEER AS SUCH TERM IS DEFINED IN SECTION 27-1405 OF
THE ENVIRONMENTAL CONSERVATION LAW; (II) ACTIONS TO EFFECTUATE LOCAL
LAND USE CHANGES, INCLUDING ZONING AND NECESSARY LOCAL LAW AMENDMENTS
IDENTIFIED IN THE BROWNFIELD OPPORTUNITY AREA; (III) ESTABLISHING DESIGN
STANDARDS AND DESIGN GUIDELINES, INCLUDING REQUIREMENTS FOR ENERGY EFFI-
CIENCY, GREEN INFRASTRUCTURE AND WATER RE-USE AND OTHER SUSTAINABILITY
AND GREEN DESIGN ELEMENTS; (IV) ACTIVITIES TO MARKET STRATEGIC SITES IN
A BROWNFIELD OPPORTUNITY AREA AND OTHER ACTIVITIES TO ATTRACT DEVELOPER
INTEREST; AND (V) PRE-DEVELOPMENT ACTIVITIES TO ADVANCE THE BROWNFIELD
OPPORTUNITY AREA.
C. Applications for such assistance shall be submitted to the [commis-
sioner] SECRETARY in a format, and containing such information, as
prescribed by the [commissioner in consultation with the] secretary [of
state].
[e.] D. Funding preferences shall be given to applications for such
assistance that relate to areas having one or more of the following
characteristics:
(1) areas for which the application is a partnered application by a
municipality and a community based organization;
(2) areas with concentrations of brownfield sites;
(3) areas for which the application demonstrates support from a muni-
cipality and a community based organization;
(4) areas showing indicators of economic distress including low resi-
dent incomes, high unemployment, high commercial vacancy rates,
depressed property values; and
(5) areas with brownfield sites presenting strategic opportunities to
stimulate economic development, community revitalization or the siting
of public amenities.

S. 1678 10

[f.] E. The [commissioner] SECRETARY, upon the receipt of an applica-
tion for such assistance from a community based organization not in
cooperation with the local government having jurisdiction over the
[proposed] brownfield opportunity area, shall request the municipal
government to review and state the municipal government's support or
lack of support. The municipal government's statement shall be consid-
ered a part of the application.
[g.] F. Prior to making an award for assistance, the [commissioner]
SECRETARY shall notify the temporary president of the senate and the
speaker of the assembly.
[h.] G. Following notification to the applicant that assistance has
been awarded, and prior to disbursement of funds, a contract shall be
executed between the department and the applicant or co-applicants. The
[commissioner] SECRETARY shall establish terms and conditions for such
contracts as the [commissioner] SECRETARY deems appropriate [in consul-
tation with the secretary of state], including provisions to define:
applicant's work scope, work schedule, and deliverables; fiscal reports
on budgeted and actual use of funds expended; and requirements for
submission of a final fiscal report. The contract shall also require the
distribution of work products to the department, and, for community
based organizations, to the applicant's municipality. Applicants shall
be required to make the results publicly available. Such contract shall
further include a provision providing that if any responsible party
payments become available to the applicant, the amount of such payments
attributable to expenses paid by the award shall be paid to the depart-
ment by the applicant; provided that the applicant may first apply such
responsible party payments towards actual project costs incurred by the
applicant.
H. TO THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED TO THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR FINANCIAL ASSISTANCE
AUTHORIZED IN THIS SUBDIVISION, THE COMMISSIONER SHALL SUBALLOCATE SUCH
FUNDS TO THE SECRETARY.
S 14. Subdivision 7 of section 970-r of the general municipal law, as
amended by chapter 390 of the laws of 2008, is amended to read as
follows:
7. Amendments to designated area. Any proposed amendment to a brown-
field opportunity area designated pursuant to this section shall be
proposed TO, and reviewed by the secretary[, in the same manner and
using the same criteria set forth in this section and applicable to an
initial nomination for the designation of a brownfield opportunity
area]. THE SECRETARY SHALL PROMULGATE RULES THAT CONTAIN CRITERIA AND
TIMEFRAMES FOR REVIEW AND APPROVAL OF AMENDMENTS.
S 15. Subdivision 8 of section 970-r of the general municipal law, as
added by section 1 of part F of chapter 1 of the laws of 2003, is
amended to read as follows:
8. Applications. a. All applications for pre-nomination study assist-
ance or applications for designation of a brownfield opportunity area
shall demonstrate that the following community participation activities
have been or will be performed by the applicant:
(1) identification of the interested public and preparation of a
contact list;
(2) identification of major issues of public concern;
(3) provision [to] FOR access to the draft and final application for
pre-nomination assistance and brownfield opportunity area designation
supporting documents in a manner convenient to the public;

S. 1678 11

(4) public notice and newspaper notice of (i) the intent of the muni-
cipality and/or community based organization to undertake a pre-nomina-
tion process or prepare a brownfield opportunity area plan, and (ii) the
availability of such application.
b. Application for nomination of a brownfield opportunity area shall
provide the following minimum community participation activities:
(1) a comment period of at least thirty days on a draft application;
(2) a public meeting on a brownfield opportunity area draft applica-
tion.
C. AN APPLICANT THAT HAS SATISFACTORILY SUBMITTED INFORMATION EQUIV-
ALENT TO A PRE-NOMINATION STUDY MAY FORGO A PRE-NOMINATION STUDY AND IS
ELIGIBLE TO APPLY FOR STATE ASSISTANCE FOR NOMINATIONS TO DESIGNATE A
BROWNFIELD OPPORTUNITY AREA.
D. APPLICATIONS FOR PRE-NOMINATION OR NOMINATION PURSUANT TO THIS
SECTION MAY BE SUBMITTED TO THE SECRETARY AT ANY TIME DURING THE CALEN-
DAR YEAR.
S 16. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech;
or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation
is generally performed Monday through Friday.